BURKE BY BURKE v. INDEPENDENCE BLUE CROSS

No. 23 EAP 2016.

171 A.3d 252 (2017)

Anthony BURKE, BY his Parent and Natural Guardian, John BURKE, Appellee v. INDEPENDENCE BLUE CROSS, Appellant.

Supreme Court of Pennsylvania.

DECIDED: October 5, 2017.


Attorney(s) appearing for the Case

Gerald J. Dugan, Esq. , Dugan, Brinkmann, Maginnis & Pace, William H. Lamb, Esq. , Lamb McErlane, PC, Maureen Murphy McBride, Esq. , for Independent Blue Cross, Appellant.

David George Gates, Esq. , for Anthony Burke, Appellee.

Amy Daubert, Esq. , Pennsylvania Insurance Dept., Sandra L. Ykema, Esq. , PA Dept. of Insurance, for PA Insurance Comm. Teresa D. Miller and the Pa. Insurance Dept., Appellee Amicus Curiae.

John A. Kane, Esq. , for Community Behavioral Health, Appellee Amicus Curiae.

Doris M. Leisch, Esq. , Helene Eichenwald Loux, Esq. , PA Dept. of Human Services, for Human Services Secretary Theodore Dallas and the Dept. of Human Services, Appellee Amicus Curiae.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

The questions presented concern whether a law requiring private insurance companies to provide coverage for treatment of autism spectrum disorders invalidates express, contractual place-of-services exclusions pertaining to the delivery of such services in schools.

Among other modifications to...

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